Industrial Relations And Labour Laws
[email protected]
Finance Manager
Hr Manager
Shilpa M H
Senior Executive - Hr

Cite.Co is a repository of information and resources created by industry seniors and experts sharing their real world insights. Join Network
Hello, I sincerely request to please provide clarity on minimum working hours as per S&E (Delhi). Here is the case below. I would deeply obliged if you please share your expert opinion.
In a proprietorship co.,daily working hours are minimum 9 hrs/day including 1/2 an hr lunch break. Before lunch session is 3 hrs + 0.5 hrs Lunch+ 5.5 hrs post lunch. In between tea is served 2 times on your desk while you are working.
This is 6 days week. so total working hrs in a week are 51 hrs (excluding time for lunch). This is applicable for all level of employees (junior to senior). These are minimum working hrs but actual work goes beyond.
I like to understand if, Is it wrong or right? the working hrs are not given to employees in writing but employees follow as standard practice.

From India, Delhi
Dear Narayan,
If you are HR guy then no need to tell you that working hours not mentioned in the Appointment letter/ Service Agreement. As per S&E Act working hours fixed 48 for a week.
As per rule, each employee is entitled for 30 minutes lunch breake after 5 hours.

From India, New Delhi
Dear Mr. Yadav, thanks for your comments. So the timings mentioned in this case are illegitimate as per S&E Act.
I don't have full information about this, so I will appreciate if you share some more information on this case.
Can this timing be challenged by the employees?

From India, Delhi
Dear Narayan,
As per act the minimum work hours per day is 9 hours and 48 hours in a week. In case of any stock taking and making of accounts, an employee can work more than the normal hours but should not exceed 54 hours in a week. Extra work done by any employee must be paid OT as twice the rate of his normal remuneration.
For more clarification you can refer the below link. This will be helpful for you.
Office Of The Labour Commissioner

From India
Hi Shilpa, thanks for the comment. It says 54 hrs/week in case of stock taking/account. But can 54/week be usual working hours?
Is it OK to have such office working hours as daily practice? I will appreciate if you please share more information.

From India, Delhi
The forum has given you the standard practice followed by the employer. As per the query is concerned it is a proprietorship Co. so it is assumed that it may be a lala company than a professional company. The employee may challenge the employer but at their own risk and time. If you feel that you have enough time and job/money does not matter you can challenge the employer.
From India, Ahmadabad
For higher employee levels it is okay but for worker category, you should make it 48 hours a week. This can be excluding lunch time. If they have to additional hours, they shall be given overtime wages.

From India, Kannur
This discussion thread is closed. If you want to continue this discussion or have a follow up question, please post it on the network.
Add the url of this thread if you want to cite this discussion.

About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2020 Cite.Co™